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PROVIDENT LIFE AND ACC. INS. CO. v. BERRY

No. 2:06-cv-00945.

522 F.Supp.2d 785 (2007)

PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Plaintiff, v. Robert G. BERRY, in his capacity as Administrator of the Estate of David Ray Gordon, David Wayne Gordon, Kristopher David Gordon, Rachel E. Auxier, individually and in her capacities as guardian for Baylee Gordon and Co-Administrator of the Estate of Kari Beth Gordon, SBaylee Gordon, Chadwick Dale Auxier, individually and in his capacity as Co-Administrator of the Estate of Kari Beth Gordon, Michael Sean Ritenour, Defendants.

United States District Court, S.D. West Virginia, at Charleston.

November 21, 2007.

Attorney(s) appearing for the Case

Sara E. Hauptfuehrer, Esq., Steptoe & Johnson, Clarksburg, WV, for Plaintiff, Provident Life and Accident Insurance Company.

Charles M. Johnson, Jr., Esq., J.E. White, Jr., Esq. Dinsmore & Shohl, Charleston, WV, for Defendant Robert G. Berry, Administrator of the Estate of David Ray Gordon.

D. Scott Tyree, Esq., J. Robert Leslie, Esq., Tyree Embree & Leslie, Hurricane, WV, for Defendants David Ray Gordon (deceased), David Wayne Gordon and Kristopher David Gordon.

David K. Higgins, Esq., Joseph M. Price, Esq., Robinson & McElwee, Charleston, WV, for Defendants Rachel E. Auxier, Baylee Gordon, Chadwick Dale Auxier, and Kari Beth Gordon (deceased).

MEMORANDUM OPINION AND ORDER

MARY E. STANLEY, United States Magistrate Judge.

Pending before the court are cross-motions for summary judgment filed by defendant Rachel E. Auxier (docket # 50) and defendants David W. Gordon and Kristopher Gordon (docket # 55). The parties consented to proceeding before a magistrate judge (docket # 18), pursuant to 28 U.S.C. § 636(c)(1), and the motions are now ripe for decision. For the reasons set forth below...

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